Upgrad LLM

Bail in non filing of chargesheet

This query is : Resolved 

08 October 2012

That in the offence of 376 IPC the Police did nt filed chargesheet with the period of 90 days and neither made any application for extension of period
The accused is in jail

My query is ---

whether I can filed bail ?
before whom I can filed bail JMFC or Session Court /

under what provisions I can file bail application ?

pls guide

Thankng U

MohammedRaffiq Bijapur (Expert)
08 October 2012

Sec 376 of IPC is triable by Sessions Judge.
File bail application u/sec 439 CrPC.

Rajeev Kumar (Expert)
09 October 2012

Section 376 ipc is an offence of rape and is triable by session court so file the bail application u/s 439 of cr.pc

09 October 2012

Bail application be filed u/s 167(2) CrPC before the JFMC being the case has not been committed till now. Hence the application for bail be moved before JFMC u/s 167(2) of CrPC. It is also informed that the bail is mandatory under this procedure.


09 October 2012

As 90 has been completed and no charge sheet has been file the accused must be released on bail as per the provision of Sec 167(2) of CrPC. So apply accordingly.

R.K NandaOnline (Expert)
09 October 2012

agree with experts.

Arun Kumar Bhagat (Expert)
06 November 2012

Mr. Deepak Kapoor is absolutely right.

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